Dáil Éireann Debate, Wednesday - 3 March 2021
692. Deputy Catherine Murphy asked the Minister for Justice the number of persons that have been placed in custody relating to Covid-19 breaches in 2020 and to date in 2021; the number that have been charged with an offence as a result of arrest; and the number released without any charge or caution. [11802/21]
View answerAs the Deputy will be aware, responsibility for the legislation underpinning the response to the Covid-19 pandemic lies with my colleague, the Minister for Health. The responsibility for the enforcement of current public health regulations rests with the Garda Commissioner.
An Garda Síochána continue to use the 'Four E's' approach in line with their strong tradition of community policing and policing by consent. This sees Garda members Engage with, Encourage and Educate members of the public on public health advice and regulations, with Enforcement used only as a last resort.
Both the Policing Authority and An Garda Síochána provide regular reports and updates in relation to the Gardaí's efforts during this difficult time and I am pleased to note that both the Authority and the Garda Commissioner have noted high levels of compliance by the public and positive interaction between Gardaí and communities.
The Health (Amendment) Act 2020, which amended the Health Act 1947, was signed into law by the President on 25 October 2020. Regulations providing for a new system of fines under the Act were subsequently signed by the Minister for Health on 21 November 2020. The Act allows for a system of fixed penalty notices for those found in breach of those COVID-19 regulations which have been designated as penal provisions. It also allows for a speedier system of fines, without the requirement for the person to be brought before the Courts and prosecuted.
I am advised by the Garda authorities that the table below shows the number of confirmed Covid-19 incidents in which at least one arrest was made, where the reason for the arrest was given as a Covid-19 breach. It should be noted that other arrests may have occurred in the context of a Covid-19 incident but the arrest was made in relation to another simultaneous offence (for example, public order):
|
Covid-19 Incidents |
2020* |
2021* |
|
Total number of Covid-19 Incidents in which at least one arrest was made |
66 |
0 |
*Figures for 2020 are from 8 th April onwards, figures for 2021 are up to 6 th February.
It should also be noted that confirmed Covid-19 incident figures (powers used/breaches of regulations) are crime incidents in which files are prepared for the Office of the Director for Public Prosecutions (DPP) in order to charge/issue summons. Due to the substantial checking and reviews undertaken on these incidents prior to publication, there is a slight reporting time lag. Updates are published on the Garda website when available (currently, approximately every four weeks). The most recent figures available cover incidents which occurred between 8th April 2020 and 6th February 2021.
I am further advised that the table below shows the most recently available status of these 66 incidents, where at least one arrest was made for a Covid-19 breach. More than one charge/summons may have been generated in relation to each incident. The table also includes details of the number of incidents in which the Office of the DPP has directed no proceedings and the number of incidents in which investigations remain on-going or directions are awaited from the Office of the DPP. These figures relate to incidents from 8th April 2020 to 6th February 2021.
Covid-19 Incidents with at least one Covid-19 breach related arrest
|
Charges/ Summons |
DPP – No Proceedings |
On-going/ Pending |
Total |
|
|
Total number of Covid-19 Incidents* |
52[1] |
6 |
8 |
66 |
[1] Includes a number (less than 10), where the offender was a juvenile so they have been referred to the Diversion Programme.
The Deputy should note that confirmed Covid-19 incident figures (powers used/breaches of regulations) are based on PULSE as of 8th February 2021 – these are operational and the most recent verified figures available. Figures will change as investigations are completed and/or directions are received. Information on Covid related Fixed Payment Notices (fines) is published weekly on the Garda website on the following link:
https://www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/press-releases/2021/january/an-garda-sochna-commence-fixed-charge-notices-for-breaches-of-covid-19-travel-restrictions-11th-january-2021.html
